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PA Bulletin, Doc. No. 06-928

RULES AND REGULATIONS

STATE EMPLOYEES' RETIREMENT BOARD

[4 PA. CODE CH. 249]

Administrative Duties of the Board

[36 Pa.B. 2517]

   The State Employees' Retirement Board (Board) amended § 249.2 (relating to the administrative duties of the Board) by deleting subsection (a) dealing with the inspection of minutes of the Board's meetings. This subsection has been rendered obsolete. Notice of proposed rulemaking was published at 35 Pa.B. 5013 (September 10, 2005).

A.  Effective Date

   This final-form rulemaking will go into effect upon publication in the Pennsylvania Bulletin.

B.  Contact Person

   For further information contact Robert Gentzel, Director of Communications and Policy, State Employees' Retirement System, 30 North Third Street, Harrisburg, PA 17101 (717) 787-9657 or Salvatore A. Darigo, Jr., Counsel, State Employees' Retirement System, 30 North Third Street, Harrisburg, PA, 17101, (717) 787-7317.

C.  Statutory Authority

   This final-form rulemaking is being made under 71 Pa.C.S. § 5902(h) (relating to administrative duties of the Board).

D.  Background and Purpose

   The Board is responsible for implementing the retirement benefit program outlined in 71 Pa.C.S. Part XXV (relating to Public Employees' Retirement Code) (Retirement Code). Section 249.2(a) provides that the minutes of the Board's meetings will be available for public inspection at the Board's offices during normal working hours. Subsection (a) further provides that the minutes will be the only records made available for public inspection. This final-form rulemaking will remove a regulation that directly conflicts with the act of June 21, 1957 (P. L. 390, No. 212) (65 P. S. §§ 66.1--66.4), know as the Right-to-Know Law. The deletion of subsection (a) removes an outmoded and unenforceable regulation that directly conflicts with the Right-to-Know Law.

E.  Benefits, Costs and Compliance

   Benefits

   This final-form rulemaking benefits the System and its members. This provision was unnecessary, outmoded and irrelevant. Repealing this provision will avoid confusion on the part of members of the System and its personnel, reduce paperwork and potentially reduce the number of administrative hearings for redress of grievances.

   Costs

   There are no additional costs to the Commonwealth, its citizens or State employees associated with this proposal.

   Compliance Costs

   This final-form rulemaking is not expected to impose any additional compliance costs on State employees.

F.  Sunset Review

   A sunset review date has not been established.

G.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 25, 2005, the Board submitted a copy of the proposed amendment to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House State Government Committee and the Senate Finance Committee. In addition to submitting the proposed amendment the Board has provided IRRC and the Committees with a detailed Regulatory Analysis Form prepared by the Department. A copy of this material is available to the public upon request.

   On November 10, 2005, IRRC advised the Board that it had no objections, comments or recommendations to offer on the proposed regulation.

   Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), this final-form rulemaking was deemed approved by the House and Senate Committees on April 18. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective April 19, 2006.

H.  Public Comments

   The Board has received no public comments.

I.  Findings

   The Board finds that:

   (1)  Public notice of intention to adopt the administrative amendment was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), known as the Commonwealth Documents Law (CDL) and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The adoption of the amendment is necessary and appropriate for the administration of the Retirement Code.

J.  Order

   The Board, acting under the Retirement Code and the CDL, including particularly those sections specified in the several authority sections herein specified with respect to each provision of the rules and procedures of the System modified by this order, orders:

   (a)  The regulations for the Board, 4 Pa. Code Chapter 249, are amended by amending § 249.2 to read as set forth at 35 Pa.B. 5013.

   (b)  The amendment shall be submitted to the Office of Attorney General for approval as to legality as required by law.

   (c)  The Secretary of the Board shall certify this order and 35 Pa.B. 5013 and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

ERIC HENRY,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 2251 (May 6, 2006).)

   Fiscal Note:  Fiscal Note 31-5 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 06-928. Filed for public inspection May 26, 2006, 9:00 a.m.]


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